Ranalli v. Zeppetelli

Appellate Terms of the Supreme Court of New York

Ranalli v. Zeppetelli

94 N.Y.S. 561

Appellate Terms of the Supreme Court of New York·Decided June 22, 1905·Published

Opinion

PER CURIAM.

The action was upon a contract, and no contract that would warrant a recovery by the plaintiff was shown. The arrangement that preceded the lease was merged in the lease. If the lease was executed under, a mutual mistake of, fact, it may be reformed, and appropriate relief thereupon had.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.

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PER CURIAM.

The action was upon a contract, and no contract that would warrant a recovery by the plaintiff was shown. The arrangement that preceded the lease was merged in the lease. If the lease was executed under, a mutual mistake of, fact, it may be reformed, and appropriate relief thereupon had.

The judgment will be reversed, and a new trial ordered, with costs to appellant to abide the event.

Ranalli v. Zeppetelli, 94 N.Y.S. 561 (N.Y. Ct. App. 1905).

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